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Now Delaware Can Enjoy Medical Marijuana Raids Too

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Now Delaware Can Enjoy Medical Marijuana Raids Too



Jacob Sullum | May 13, 2011


Today Delaware officially became the 16th state to allow medical use of cannabis. The bill signed by Gov. Jack Markell allows patients with doctor's recommendations to possess up to six ounces of marijuana at a time, which they can obtain at one of three state-licensed "compassion centers." Although the nonprofit centers are explicitly authorized by state law to grow and dispense marijuana, that does not mean they won't be raided by the DEA. According to the Justice Department's latest position, complying with state law offers no protection against federal prosecution, although that threat should not be construed as "using Justice Department resources to try to circumvent state laws on this issue," since the president promised he would not do that.



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"Debilitating medical condition" means one or more of the following: (1) cancer, +AIDS status, +HIV status, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, post-traumatic stress disorder, or the treatment of these conditions; (2) a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain, that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects; severe nausea; seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; (3) glaucoma, when the written certification is signed by a properly licensed ophthalmologist .


I like the term "Designated caregiver". Neither the patient nor the caregiver can grow.


For post-traumatic stress disorder, the physician must also be a licensed psychiatrist; for glaucoma, the physician must also be a licensed ophthalmologist.


"Usable marijuana" means the flowers of the marijuana plant and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant. It does not include the weight of any non-marijuana ingredients combined with marijuana, such as ingredients added to prepare a topical administration, food, or drink. I like this!!!


"Visiting qualifying patient" means a person who: (1) has been diagnosed with a debilitating medical condition; (2) possesses a valid registry identification card, or its equivalent, that was issued pursuant to the laws of another state, district, territory, commonwealth, insular possession of the United States or country recognized by the United States that allows the person to use marijuana for medical purposes in the jurisdiction of issuance; and (3) is not a resident of Delaware or who has been a resident of Delaware for less than 30 days. It seems that Delaware is allowing anyone with a ID card, from anywhere; not just those States that offer reciprocity.


The bona fide physician-patient relationship may not be limited to authorization for the patient to use medical marijuana or consultation for that purpose.


Where a state-funded or locally funded law enforcement agency encounters an individual who, during the

course of the investigation, credibly asserts that he or she is a registered cardholder, or encounters an entity whose personnel credibly assert that it is a registered compassion center, the law enforcement agency shall not provide any information from any marijuana-related investigation of the person to any law enforcement authority that does not recognize the protection of this chapter and any prosecution of the individual, individuals, or entity for a violation of this chapter shall be conducted pursuant to the laws of this state.


The law is directly written to allow for street buys. Neither the patient nor caregiver can grow, but “the law provide for both caregivers and dispensaries, since patients in rural areas are unlikely to have access to dispensaries, and because many low-income patients will not be able to afford medical marijuana at dispensaries. In addition, very ill patients would need a caregiver to pick up their medicine for them.” I do like that with each new passing, troubled areas and/or language is addressed.



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